Ocampo and Others v. Enriquez and Others

Abstract

Human rights — Right to an effective remedy — Treaties — International Covenant on Civil and Political Rights, 1966 — United Nations Principles –– Human rights violations committed in the Philippines during dictatorship –– Victims of gross human rights violations –– Victims’ right to “full” and “effective” reparation –– Decision to have remains of former President Marcos interred at Heroes’ Cemetery –– Victims filing petitions to challenge decision –– Whether proposed interment of former dictator at Heroes’ Cemetery violating international law

Relationship of international law and municipal law — Treaties — International Covenant on Civil and Political Rights, 1966 — United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, 2005 — United Nations Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, 2005 — Effect in the law of the Philippines

Treaties — Human rights –– Human rights embodied in treaties, covenants and other international laws — International Covenant on Civil and Political Rights, 1966 — United Nations principles on Reparation and to Combat Impunity –– Rights of victims of human rights violations to “full” and “effective” reparation — Proposed interment of former President Marcos at Heroes’ Cemetery –– Whether the Philippines complying with its obligations under international law

Damages –– Reparations — Right to “full” and “effective” reparation — Victims of human rights violations in the Philippines –– Whether proposed interment of former President Marcos at Heroes’ Cemetery violating Constitution of the Philippines, domestic law and international law — Whether heroes’ burial for former dictator legal and just — The law of the Philippines